21.9.17

What Nnamdi Kanu Should Do Now That IPOB Has Been Declared a Terrorist Group

Following
the decision by the Federal Government to proscribe IPOB, a Nigerian
lawyer has revealed the legal steps Nnamdi Kanu can explore. The leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu
has been called upon by the a Lagos activist lawyer, Ebun-olu Adegboruwa
to challenge the decision of the Federal High Court which proscribed
him and the group.

Adegboruwa gave the advice after an Abuja Federal High Court had on Wednesday declared the activities of IPOB as “acts of terrorism”.
The ruling came after an application filed by the Attorney-General of
the Federation (AGF) and Minister of Justice, Abubakar Malami, asking
for the proscription of the group was granted.

Adegboruwa while urging Kanu to challenge the ruling said the order
proscribing IPOB was faulty because the group was not a legal entity
before the law.

The activist lawyer argued that the AGF cannot seek legal action
against the group because it is non-existent, adding that the court
cannot also issue orders against the group as it is “unenforceable.”

The statement by Adegboruwa read: “The Order of the Federal
High Court proscribing IPOB is faulty in law and should be challenged
and set aside by all those affected or to be affected by the said order.

“First, there cannot be any legal entity in law known and referred to as IPOB, as such entity does not exist in law.

“The Attorney-General of the Federation cannot competently sue
IPOB as a defendant, in any court of law, the same being an entity
unknown to law.

“The Court cannot make an order against a non existing entity,
such as IPOB. Such order, if and when made, is at large and
unenforceable.

“The Supreme Court has stated it times without number that the court cannot proceed against a non juristic person.

“The court, which is a creation of law to interpret the law,
cannot competently proscribe what does not exist in the eye of the law.

“If IPOB is registered in Nigeria at all, it can only sue and
be sued in the corporate name of its incorporated trustees. The Hon
Attorney-General, with all due respect, cannot file or maintain a suit
in court against IPOB, in the manner formulated in this case.

“I urge Mazi Nnamdi Kanu and all those concerned to proceed to
challenge the competence of the suit itself and the jurisdiction of the
court to make the order.

“I verily believe that the federal government should follow the
noble advice that General Muhammadu Buhari gave to the United Nations,
to adopt dialogue in the resolution of the agitations coming from the
South East.”